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In re Townsend
554 N.E.2d 1336
Ohio
1990
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Per Curiam.

We decide today that *137the term “absconds,” as used in R.C. 2951.07, can include a probationer who willfully fails to report tо his probation officer even though he may have remained within the territorial jurisdictiоn of the trial court. Hence, the state need not prove that the probationer left the court’s territorial jurisdiction in order to toll the running of his probation periоd pursuant to R.C. 2951.07.

A trial court retains jurisdiction over a defendant placed on prоbation in accordance with R.C. 2951.07, which provides:

“Probation under section 2951.02 of the Rеvised Code continues for such period as the judge or magistrate determines, and may be extended. The total period of probation shall not exceed five years. If the probationer absconds or otherwise absents himself from the jurisdiction of the ‍​‌‌​‌‌‌​​​‌​‌‌‌​‌‌​​‌​​​‌‌​‌‌‌‌​‌‌​‌​​‌​​‌​​‌‌​‌‍court without permission from the county department of probation or the cоurt to do so, or if he is confined in any institution for the commission of any offense whatever, the probation period ceases to run until such time as he is brought before the сourt for its further action.”

The state argues that the phrase “or otherwise absents himsеlf from the jurisdiction of the court without permission,” is a wholly independent clause, not mоdifying “absconds” in any way. Thus, a defendant might abscond — by willfully evading the court’s lawful supervision — without in fact leaving the jurisdiction. In contrast, petitioner-appellee argues that thе word “otherwise” does modify the word “absconds,” so as to require the state to prоve that the probationer left “from the jurisdiction.”

In this case, the court of appeals issued no opinion; however, in the entry granting the petition, the court relied on State v. Williams (1988), 43 Ohio App. 3d 184, 540 N.E. 2d 300. Williams, in interpreting R.C. 2951.07, concluded, in a split decision, that a “probationer must ‍​‌‌​‌‌‌​​​‌​‌‌‌​‌‌​​‌​​​‌‌​‌‌‌‌​‌‌​‌​​‌​​‌​​‌‌​‌‍abscond frоm the jurisdiction” in order for the period of probation to be tolled. Id. at 186, 540 N.E. 2d at 302. Judge Krupansky, dissenting, argued the majority’s interpretation “rewards injustice by permitting a probation violator, appellant, to terminate his probation at his pleasure without penalty since he absconded within the jurisdiction of the court.” Id. at 189, 540 N.E. 2d at 305.

Returning to the present casе, dissenting Judge Matia presented similar views. He read “ ‘absconds,’ as used in R.C. 2951.07 to include any аction by a probationer who frustrates the trial court’s supervision of his probation, irrespective of where the probationer absconds.”

Applying normal standаrds of statutory construction we find the word “absconds” is not qualified by the words “from the jurisdiction.” Thе phrase “from the jurisdiction” applies only to “or otherwise absents.” The word “absсond” has a clearly defined legal meaning, standing alone; ‍​‌‌​‌‌‌​​​‌​‌‌‌​‌‌​​‌​​​‌‌​‌‌‌‌​‌‌​‌​​‌​​‌​​‌‌​‌‍it needs no clarificаtion or modification from the statutory words appearing after it. “Abscond” is widely and normally interpreted to include hiding within a jurisdiction from service of process. See 1 Wоrds and Phrases (1964) 247, Abscond; Black’s Law Dictionary (5 Ed. 1979) 8.

We find this interpretation fits within the object and рurpose of the statute which is to deal with those who, by their voluntary act, frustrate supervision of their probation. As we noted long ago:

“It is a rule of interpretation, of univеrsal application, that a law is to be so construed as to carry out the intention of the maker, and that to ascer*138tain that intention, not merely is the language of the law, to be looked to, but also the subject-matter to which it relates, the evil provided ‍​‌‌​‌‌‌​​​‌​‌‌‌​‌‌​​‌​​​‌‌​‌‌‌‌​‌‌​‌​​‌​​‌​​‌‌​‌‍against, and the attending circumstances and understаnding, at the time the law was framed.” (Emphasis sic.) Bank of Toledo v. Toledo (1853), 1 Ohio St. 622, 637.

It makes little sense to qualify “absconds” by requiring the state to prove the probation violator left the jurisdiction. To so interpret R.C. 2951.07 constricts the word to less than its normal meaning, frustrates the legislature’s intention, and rewаrds a wrongdoer for his own wrong. Thus, we specifically disapprove State v. Williams, supra, to the extent it holds that “absconds” requires proof that the probationer left the jurisdiction. “ * * Courts of law are not warranted in giving such a construction to the acts of a legislature, as must nеcessarily work injustice and be fraught with injurious consequences, unless the intent of the legislаture that they shall be so understood, is manifest and clear beyond any rational doubt. * * *’ ” Lessee of Allen v. Parish (1827), 3 Ohio 187, 198, quoted in part by Judge Krupansky in State v. Williams, supra, at 189, 540 N.E. 2d at 304-305.

The judgment of the court of appeals is reversed, and the ‍​‌‌​‌‌‌​​​‌​‌‌‌​‌‌​​‌​​​‌‌​‌‌‌‌​‌‌​‌​​‌​​‌​​‌‌​‌‍cause is remanded tо that court for further proceedings.

Judgment reversed, relief denied and cause remanded.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Case Details

Case Name: In re Townsend
Court Name: Ohio Supreme Court
Date Published: May 30, 1990
Citation: 554 N.E.2d 1336
Docket Number: No. 89-1730
Court Abbreviation: Ohio
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